Teacher sues Coast surf club for $533,000

Stuart Cumming
Reporter
Stuart studied journalism at the University of Southern Queensland in Toowoomba. He worked briefly at Central Queensland News and Warwick Daily News. He has worked as a reporter at The Chronicle since July 2009.

"For two minutes it was like my head was the problem and then all of a sudden there was this pain... it was my shoulder."

The ball of her right humerus was broken.

She claims she had been "crab-walking" back to the table because of very limited room between furniture.

Her legal representative, Shine Lawyers, submitted to the Brisbane District Court earlier this month that the club failed to ensure there was a clear path for people to walk to each table and that the path was free from tripping hazards.

They said there was also insufficient room between the tables in the bistro area to allow safe passage.

Ms Tozer said her head was stitched but nothing could be done to fix her shoulder except keep it in a sling.

She couldn't shower herself, dress herself and had to buy new clothes to accommodate for her restricted movement.

"It was pretty traumatic."

She said she followed all medical advice but then her shoulder started to freeze.

"It locks up.

"Your shoulder just can't move and it is extraordinarily painful."

She said it took six months to happen, then it stayed frozen for six months before gradually unlocking.

"You just have to wait it out."

She returned to work one day a week earlier this month after two unsuccessful prior attempts.

Her pain remains and she doesn't believe she will ever completely recover.

"It has been a long, painful, expensive journey."

Ms Tozer said didn't want the injury to end her career.

"If I'm forced to retire because of it, that is not my terms."

Dicky Beach Surf Club general manager Natalie Bell declined to comment as the matter was before a court and the club's lawyers also declined to comment.